OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....
This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...
The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...
Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
BackgroundThe concept of privilege against self-incrimination, which is commonly referred to as one distinct protection, actually arises from a number...
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
Offending behaviour programmesAn accreditation system for offending behaviour programmes (OBPs) was introduced by the prison service in 1996. OBPs are...
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
Deferred Prosecution AgreementA Deferred Prosecution Agreement (DPA) is an agreement between a prosecutor and an organisation facing prosecution for...
What must a DPA contain?The statutory requirements for the content of a Deferred Prosecution Agreement (DPA) are found in paragraph 5 of Schedule 17...
What is a deferred prosecution agreement?A deferred prosecution agreement (DPA) is an agreement between an organisation and a designated prosecutor to...
Deferred Prosecution Agreements (DPAs) have been available since 24 February 2014, when the Crime and Courts Act 2013 (CCA 2013) came into force, see...
Which organisations will be suitable for DPA negotiationsThe Deferred Prosecution Agreement Code of Practice (DPA Code) for prosecutors is intended to...
Legal professional privilege (LPP) is recognised as a fundamental right by the courts in England and Wales. At its heart is an acknowledgement of the...
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